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Terms and Conditions
Welcome to SimplyFramed.com (“Website”) a website owned by Simply Framed, Inc. (the “Owner”) We ask that you please read the following terms and conditions. By using our our Website or any of our services, you pledge that you have read, understood, and agreed to be bound by the Terms and Conditions listed below.
Terms and Conditions
By visiting this Website you consent to electronic forms of communication. Our communications with you may be through writing, phone calls, e-mail, or posting notice to the Website. You consent to acceptance of all agreements, notices, disclosures, and other forms of communication whether they are made electronically or otherwise.
All content on this Website including but not limited to text, logos, graphics, icons, images, videos, information is the property of the Owner. All software, digital code, or other technological components are the property of Owner or its suppliers and are similarly protected by U.S. and International copyright laws.
As part of our service, you may upload an image to our website. By using our service, you represent and warrant to Simply Framed that you either own your image or have written permission from the copyright owner to use images and that the image does not and will not infringe, or otherwise violate any copyright, trademark, or other intellectual property or other proprietary right of any third-party.
By uploading an image to our website, you grant Simply Framed, it’s parents, affiliates, subsidiaries, and agents a perpetual, irrevocable, worldwide right to copy, display, modify, distribute, transmit, and make reproductions of your image. You retain ownership of your image and any rights granted to Simply Framed are granted as a license.
Simply Framed and other like graphics, text, headers, service names, and descriptions of services are or will be Trademarked by Owner. Owner’s trademarks may not be used by any third party without Owner’s express written consent.
License to Use the Website
Owner grants you a limited license to access and use the Website for your personal use as the Website intends that it be used. This license does not include any resale or other commercial user all of which is strictly forbidden without Owner’s express written approval. Any unauthorized use shall serve to automatically terminate the limited license that has been granted and Owner reserves the right to pursue all legal remedies at its disposal including seeking reimbursement for attorney fees and other related costs or consequential damages.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Owner offers an artwork sales service (the "Listings") for the sale and purchase of art on of our Website and other affiliated platforms. The Listings enable you to submit digital images of your original art ("Artworks") to create print copies ("Prints") for sale through the Listings.
In order to submit Artworks, you must create an account ("Account"). During the registration process, you must provide accurate and complete information, including details of a PayPal account registered in your name. Owner may verify the provided PayPal account. You are responsible for maintaining the security of your Account password and promptly notifying us of any breach of security or unauthorized use of your Account. You are solely responsible for all activities that occur under your Account.
Acceptance and Display of Artworks
Owner reserves the right, at its sole discretion, to accept or reject any Artworks submitted by you or to cease displaying them on the Listings.
By submitting Artworks to the Listings, you grant Owner a worldwide, transferable, non-exclusive license, with the right to sublicense, to:
(a) use, reproduce, distribute, sell, offer for sale, archive, publicly perform, and publicly display digital copies and/or Prints of the Artworks as part of Owner's business, including promoting the Artworks and/or Prints by publicly displaying copies of such Artworks and/or Prints in any media, including digital, visual, broadcasted, and/or printed media;
(b) modify the Artworks, including resizing, framing, and/or displaying with work(s) created by third parties as part of walls or otherwise, and to use, reproduce, distribute, sell, offer for sale, archive, publicly perform, and publicly display digital copies and/or Prints of such modified versions of the Artworks as part of Owner's business. You agree that Owner may engage third-party contractors to perform the above rights, including promoting, selling, framing, and/or shipping the Artworks and Prints.
Representations and Warranties
By submitting any Artwork(s), you represent and warrant to Owner that:
(a) The Artworks are your original creations and do not include any material from any third parties;
(b) Neither the Artworks nor Owner's use thereof will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, regulation, or contract to which you are a party;
(c) You will not submit any Artworks that are defamatory, obscene, indecent, or otherwise objectionable, or that contain any viruses, malware, or other harmful components.
Intellectual Property Ownership
You acknowledge and agree that Owner and its licensors own all right, title, and interest, including all intellectual property rights, in and to the Listings, including any modifications, improvements, or derivatives thereof, and any aggregated data or statistical information derived from the use of the Listings. This Agreement does not transfer any ownership rights in the Listings or any intellectual property rights owned by Owner or its licensors.
Pricing and Payment
You will have the opportunity to set the pricing for the Prints of your Artworks on the Listings. Owner will deduct its 3.9% processing fee on your art price and markup from the sale proceeds before remitting the balance to you. There is no fees deducted or charged on the base price of the print or frame. All payouts will be processed on on before the 15th of the month for the previous month. You will be responsible for any taxes or fees related to your earnings from the sale of Prints.
You agree to indemnify, defend, and hold harmless Owner and its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:
(a) Your breach of this Agreement;
(b) Your use of the Listings;
(c) Your Artworks or any content submitted by you;
(d) Any third-party claim alleging that the Artworks or our use thereof infringes, misappropriates, or violates any intellectual property rights or other rights of a third party;
(e) Any dispute between you and any third party regarding the sale, display, or use of your Artworks or Prints.
Mailing and Framing Canvases, Art Prints, Photos, Posters, Certificates
Many pieces are fragile. Consumer is required to judge whether their piece is suitable for shipment by mail. If consumer uses packaging other than what is provided by Owner, or knows that Owner’s packaging is insufficient for their specific piece and does not notify Owner at the time of receipt then notwithstanding anything to the contrary Consumer shall be fully responsible for any Damage done to their piece. In addition, different types of pieces require specific attention/care and may be permanently altered by the framing process.1) Canvas, canvas must be stretched onto wood bars. Consumer acknowledges that such stretching may cause the paint to crack and fully releases Owner from any liability that may result from such damage. 2) Many Prints/Photos/Posters larger the 11x14 will be dry mounted to foam core. Dry mounting is a safe way to ensure that a piece does not appear rippled inside the frame over time. However, it is irreversible. Consumer acknowledges that their piece may be dry mounted and waives any associated claim therewith.
DAMAGE OR LOSS TO PROPERTY
You acknowledge that in using the Website and the services provided by Owner that damage or loss may occur to your property. Owner hereby disclaims all responsibility for such losses whether caused by Owner, a third party vendor selected by owner or anyone else. Consumers of this Website acknowledge that any item sent in to Owner to be framed is valued at an amount less than $500 in the aggregate and that any insurance required has been purchased by consumer in advance. Various third party providers such as postal carriers or shipping services may provide consumers of the Website with insurance. Under no circumstance shall that be interpreted as Owner agreeing to assume any risk of loss. Owner would not provide this service in the absence of it being not responsible for any loss or damage of any kind incurred as a result of dealings with the Website or third parties used by the Website.
OWNER HEREBY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW HEREBY DISCLAIMS ANY AND ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. OWNER DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR THE PRODUCTS SOLD WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
BY USING THIS WEBSITE YOU ACKNOWLEDGE THAT OWNER IS A LIMITED LIABILITY COMPANY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OWNER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES WILL OWNER BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OWNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY PRODUCT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
By using the Website, you agree that the laws of the State of Florida shall govern and that you are subjecting yourself to its laws and agree that the proper venue for any judicial dispute is the State of Florida.
In the event that a part of the Terms and Conditions are deemed invalid or voided for any reason, that term or provision shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
This Terms and Conditions contains the entire agreement. No other agreement, understanding, or representation pertaining to the Website shall be effective.
No waiver of any term or portion of the Terms and Conditions shall be deed a further or continuing waiver of such term or any other term, and Owner’s failure to assert a right under the Terms and Conditions shall not constitute a waivers of such right or provision.
Owner may amend this Agreement from time to time by providing written notice or posting the amended terms on the Site. Your continued use of the Listings after such notification or posting constitutes your acceptance of the amended terms.